NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, IN THE SPIRIT OF WALTER R. CLEMENT MS., MBA., BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., IN THE SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., IN THE SPIRIT OF ERLIN CLEMENT SR., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NDJOU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
LESLY POMPY MD
NOTES FROM TRIAL IN FEDERAL COURT DETROIT MICHIGAN
(notes may not reflect the actual date of testimony, only the date received)
Marc Moore Testified:
Marc Moore conceded that he had no medical training, and no billing and coding knowledge. Marc Moore lacks the education, training, or experience to issue a legal opinion as to the illegal distribution of controlled substances, or insurance fraud.
My attorney played the tape of Marc Moore mocking my education. Marc Moore testified that he was keeping his cell phone on 9/26/16 so that he would see all of the drug addicts texting him to buy drugs.
My medical expert witness, Dr. Murphy ( no relationship to Judge Murphy, of the case), began to testify. He showed how the undercover from the Blue Cross Blue Shield, fabricated medical records obtained from Dr. Robertson. Marc Moore denied he participated in the fabrication of medical records for Blue Cross Blue Shield of Michigan Mutual Insurance Company, James Stewart, aka James Howell.
Brian Bishop was the DEA agent who was actually present at the raid on 9/26/16. Bishop will not testify. Michelle Cooper of the Diversion Department of the DEA testified that the DEA helped doctors but did not do that for “Dr. Pompy.”
1)They could have helped with record-keeping ideas, but the DEA did not.
2)The DEA performed no investigation prior to the 9/26/16 raid. I was not on their radar.
3)The DEA did not check whether the number of Suboxone patients was correct, above, or below. She agreed that going over the limit of the Suboxone patients was not a criminal offense.
4)After the raid, the DEA reduced my Suboxone patients from 275 back down to 100.
5)Diversion investigator Michelle Cooper had no idea why my Suboxone limit was dropped, after the raid.
6)Chapman found it strange that the drop occurred after the raid.
7) The jury was fascinated by prosecution witness Diana Knight’s testimony: proper billing occurred and nothing was fraudulent. Diana was Dr. Pompy’s medical office biller. She maintained composure during intense, relentless attacks by AUSA Wayne F. Pratt. She won the jury’s heart.
Brent Cathey of Monroe City Police, now Police Captain after the 9/26/16 raid, saw what appeared to be medication bottles, with an expired date, at the house. Brent Cathey did not know what was in the bottles. The bottles were not chemically tested.
Tracey Lapalme, a former addiction patient testified that Dr. Pompy made her an addict. She was surprised to find out that Dr. Pompy had her on Suboxone, from the first visit, to treat any medication misuse she may have had. Suboxone can treat pain and substance misuse.
Stephanie Stine testified that her boyfriend, Scott Jones, would beat her up, and take half of her medications. She did not report either the abuse or the taking of her medications by Scott Jones to Dr. Pompy. She testified that she had interstitial cystitis ( an incurable, painful disease of the bladder that causes pelvic and abdominal pain ), and endometriosis since she was 15. She is still on medications.
The New DEA Standard
According to Michael Dowel Esq:
“After Ruan, for the DEA to criminally convict physicians for improper prescribing under the CSA, the DEA must
(1) prove beyond a reasonable doubt that a physician knowingly or intentionally dispensed or distributed a controlled substance and that the dispensing or distributing was not authorized and
(2) prove beyond a reasonable doubt that the physician-dispensed or distributed controlled substances and knew that in dispensing or distributing the controlled substance in question, they were not authorized to do so.
DEA prosecutors may continue to utilize circumstantial evidence to prove a medical professional’s subjective intent in controlled substances cases, such as quantities prescribed, patient characteristics, examination time, medical records (or lack thereof), medical necessity, adherence to distributor agreements, the disregard of patient “red flags,” and the prescriber’s financial practices; however, Ruan places the burden of proof on the DEA to establish that the defendant’s prescribing practices fell short of professional standards and the defendant intended to prescribe without any legitimate medical purpose.”
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ZELLE 3135103378 or Donate to the “Pharmacist For Healthcare Legal Defense Fund,”
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